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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.10.27 2015노1626
공연음란
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the defense counsel (e.g., indubity) against the defendant, and the fact that the defendant is the disabled in the second degree of mental retardation and is economically difficult, the sentence of the court below that sentenced a fine of KRW 300,000 is too unreasonable.

2. The crime of this case is not deemed to be a crime of openly obscenity by the Defendant showing his sexual organ more than twice, and the Defendant was sentenced to a suspended sentence as a crime of obscene performance in the Suwon District Court Ansan Branch on July 24, 2014. The lower court appears to have reduced the fine amount of the summary order in consideration of the circumstances alleged by the Defendant. In light of the motive and background of the crime of this case, the circumstances before and after the crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and behavior and environment, even if considering the circumstances alleged in the grounds for appeal, the lower court’s punishment cannot be deemed to be too unreasonable. Thus, the above assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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